In 1709 (or was it 1710?) the Statute of Anne created the first purpose-built copyright law. This blog, founded just 300 short and unextended years later, is dedicated to all things copyright, warts and all. To contact the 1709 Blog, email Eleonora at eleonorarosati[at]gmail.com

Tuesday, 26 June 2012

On bold infringement or unauthorised use of hit singles for commercials

Über-cool US rock duoThe Black Keys are composed of Dan Auerbach and Patrick Carney
and, during their careers, have already attracted some attention, among the other things, in the general
discussion concerning fully-licensed online music services. A while ago, they indeed joined those (such
as Coldplay) who have decided not to make their
works available on music-streaming services, such as Spotify, MOG, Rdio or
Rhapsody, on fear that, as argued by Billboard, these services detract from
already declining music sales.

The band has recently released their
seventh album, entitledEl
Camino. According
toWikipedia, this has been very successful so far and received positive
reviews, being also ranked by many music publications as one of the best albums
of the year. In the US, it debuted at number two on the Billboard 200 and sold 206,000 copies in its first week,
the highest charting position and single-week sales.

Apparently the success of
the album has been so great that its first two singles are already at the centre
of some copyright litigation.

A few days ago the duo, together with
music producer Danger Mouse (copyright enthusiasts will promptly recall that
there was a time when Danger Mouse was on the other side of the courtroom, being
the defendant in the well-knownGrey Albumcase), brought two
distinct proceedings against The Home Depot and Pizza Hut for copyright
infringement (you can read the lawsuit which has been filed against The Home
Depothere. However, this blogger has not been
able to find a copy of the suit against Pizza Hut: can any reader help?).

As mentioned, these concern unauthorised use of the two
first single of The Black Keys'El
Camino, these being Lonely Boy (which was released last October) andGold on the Ceiling(which was released in February last).

The Black Keys appalled by news of shameless infringers

As regards the first lawsuit, which was filed before the US District Court for the Central District of California,
plaintiffs claim that commercialadvertisement for "Ryobi" brand power tools
prominently features significant portions ofLonely
Boy, without any authorisation from The Black Keys, thus infringing 17 USC
§§106and501.

As to the Pizza Hutcommercial for Cheesy Bites Pizza, this is said to include
a (highly) significant part ofGold
on the Ceiling.

We'll see what happens next. It may be
likely that all this ends up with a settlement, as was eventually the fate of the commercial for Dannon's Oikos Greek Yoghurt, which was first aired
during last Super Bowl (seehere andhere).

In any case, it is not that difficult to realise that
unauthorised use of third parties' music for commercials is not an activity
which may go unnoticed and not upset anyone ... Is this the place where
copyright infringement meets boldness?

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